Legal Opinion

Allen v. . City of Oneida

New York Court of Appeals

Decided March 24, 1914PublishedCited by 5 opinions

Appeal from, a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 9, 1912, affirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from, a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 9, 1912, affirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. In view of the provisions of the contracts and the course and conduct of the parties in attempting to carry them out, it must be held that there was an accord and satisfaction of the matters in difference between them. (Palmcrton v. Huxford, 4 Den. 166; People ex rel. MacDonough v. Buffato State Asylum, 96 N. Y.…

1Opinion of the CourtHogan, J.

The city of Oneida owns and operates a municipal water supply. On July 14th, 1905, at a special election of the taxpayers of the city, it was voted to sell bonds of the municipality to the amount of $45,000 for the purpose of enlarging and improving the water supply and the water works plant. Under the charter of the city the board of public works was authorized to take charge and control of the water works plant, and to enlarge, improve and add to such plant as necessity required. On July llth, 1905, the board of public works duly published a notice to contractors inviting proposals for the…

2Cases cited1 opinion

  1. Lossing v. . CushmanNew York Court of Appeals · 1909

3Cited by5 opinions

  1. MacArthur Bros. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1917
  2. Buffalo Electric Co. v. StateNew York Court of Claims · 1961
  3. Fredburn Construction Corp. v. City of New YorkNew York Supreme Court · 1937
  4. Frank Nordone Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
  5. Ferro Concrete Construction Co. v. Kentucky Utilities Co.District Court, E.D. Kentucky · 1962

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